THE STATE LEGISLATURE

I. Abolition & Composition of Legislative Assembly &

Legislative Councils
Article 169
(1) Notwithstanding anything in article 168, Parliament may by law provide
for the abolition of the Legislative Council of a State having such a Council
or for the creation of such a Council in a State having no such Council, if the
Legislative Assembly of the State passes a resolution to that effect by a
majority of the total membership of the Assembly and by a majority of not
less than two-thirds of the members of the Assembly present and voting.

(2) Any law referred to in clause (1) shall contain such provisions for the
amendment of this Constitution as may be necessary to give effect to the
provisions of the law and may also contain such supplemental, incidental
and consequential provisions as Parliament may deem necessary.

(3) No such law as aforesaid shall be deemed to be an amendment of this

Constitution for the purposes of article 368.
Article 170
(1) Subject to the provisions of article 333, the Legislative Assembly of each State
shall consist of not more than five hundred, and not less than sixty, members
chosen by direct election from territorial constituencies in the State.

(2) For the purposes of clause (1), each State shall be divided into territorial
constituencies in such manner that the ratio between the population of each
constituency and the number of seats allotted to it shall, so far as practicable, be
the same throughout the State.
 Explanation.—In this clause, the expression “population” means the
population as ascertained at the last preceding census of which the relevant
figures have been published:
Provided that the reference in this Explanation to the last preceding census
of which the relevant figures have been published published shall, until the
relevant figures for the first census taken after the year 2026 have been
published, be construed as a reference to the 2001 census.

(3) Upon the completion of each census, the total number of seats in the
Legislative Assembly of each State and the division of each State into territorial
constituencies shall be readjusted by such authority and in such manner as
Parliament may by law determine:
Provided that such readjustment shall not affect representation in the
Legislative Assembly until the dissolution of the then existing Assembly:
Provided further that such readjustment shall take effect from such date as
the President may, by order, specify and until such readjustment takes
effect, any election to the Legislative Assembly may be held on the basis of
the territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after
the year 2026 have been published, it shall not be necessary to readjust— (i)
the total number of seats in the Legislative Assembly of each State as
readjusted on the basis of the 1971 census; and
(ii) the division of such State into territorial constituencies as may be
readjusted on the basis of the 2001 census, under this clause.

Article 171
(1) The total number of members in the Legislative Council of a State having such
a Council shall not exceed one-third of the total number of members in the
Legislative Assembly of that State:
 Provided that the total number of members in the Legislative Council of a State
shall in no case be less than forty.

(2) Until Parliament by law otherwise provides, the composition of the Legislative
Council of a State shall be as provided in clause (3).

(3) Of the total number of members of the Legislative Council of a State —

(a) as nearly as may be, one-third shall be elected by electorates consisting

of members of municipalities, district boards and such other local
authorities in the State as Parliament may by law specify;

(b) as nearly as may be, one-twelfth shall be elected by electorates

consisting of persons residing in the State who have been for at least three
years graduates of any university in the territory of India or have been for at
least three years in possession of qualifications prescribed by or under any
law made by Parliament as equivalent to that of a graduate of any such
university;

(c) as nearly as may be, one-twelfth shall be elected by electorates

consisting of persons who have been for at least three years engaged in
teaching in such educational institutions within the State, not lower in
standard than that of a secondary school, as may be prescribed by or under
any law made by Parliament;

(d) as nearly as may be, one-third shall be elected by the members of the
Legislative Assembly of the State from amongst persons who are not
members of the Assembly;

(e) the remainder shall be nominated by the Governor in accordance with

the provisions of clause (5).
(4) The members to be elected under sub-clauses ( a), ( b) and ( c) of clause (3)
shall be chosen in such territorial constituencies as may be prescribed by or under
any law made by Parliament, and the elections under the said sub-clauses and
under sub-clause ( d) of the said clause shall be held in accordance with the
system of proportional representation by means of the single transferable vote.

(5) The members to be nominated by the Governor under sub-clause ( e) of clause

(3) shall consist of persons having special knowledge or practical experience in
respect of such matters as the following, namely: — Literature, science, art, co-
operative movement and social service.

II. Qualification & Disqualification of members of legislative

assembly & legislative council
Answer:
Article 173
A person shall not be qualified to be chosen to fill a seat in the Legislature of a
State unless he —

(a) is a citizen of India, and makes and subscribes before some person
authorised in that behalf by the Election Commission an oath or affirmation
according to the form set out for the purpose in the Third Schedule;

(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-
five years of age and, in the case of a seat in the Legislative Council, not less
than thirty years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf by

or under any law made by Parliament.
Article 191
(1) A person shall be disqualified for being chosen as, and for being, a member of
the Legislative Assembly or Legislative Council of a State —

(a) if he holds any office of profit under the Government of India or the
Government of any State specified in the First Schedule, other than an office
declared by the Legislature of the State by law not to disqualify its holder;

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of

a foreign State, or is under any acknowledgment of allegiance or adherence
to a foreign State;

(e) if he is so disqualified by or under any law made by Parliament.

Explanation. — For the purposes of this clause, a person shall not be deemed to
hold an office of profit under the Government of India or the Government of any
State specified in the First Schedule by reason only that he is a Minister either for
the Union or for such State.

(2) A person shall be disqualified for being a member of the Legislative Assembly
or Legislative Council of a State if he is so disqualified under the Tenth Schedule.

III. Powers, Privileges of House of Legislatures.

Answer:
Article 194
(1) Subject to the provisions of this Constitution and to the rules and standing
orders regulating the procedure of the Legislature, there shall be freedom of
speech in the Legislature of every State.

(2) No member of the Legislature of a State shall be liable to any proceedings in

any court in respect of anything said or any vote given by him in the Legislature or
any committee thereof, and no person shall be so liable in respect of the
publication by or under the authority of a House of such a Legislature of any
report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of a House of the
Legislature of a State, and of the members and the committees of a House of such
Legislature, shall be such as may from time to time be defined by the Legislature
by law, and, until so defined, shall be those of that House and of its members and
committees immediately before the coming into force of section 26 of the
Constitution (Forty-fourth Amendment) Act, 1978.

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who
by virtue of this Constitution have the right to speak in, and otherwise to take part
in the proceedings of, a House of the Legislature of a State or any committee
thereof as they apply in relation to members of that Legislature.

IV. Powers and functions of speaker

  Satpal Dang v. State of PB

V. Legislative process (principle for passing bill)